HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2019 CONCILIATORS PRESENT:
THE HON’BLE SHRI JUSTICE S SUNIL DUTT YADAV & SRI VIJAY KUMAR MAJAGE, MEMBER M.F.A.No.4117/2015 (MV) (Lok Adalat No.2062/2019) BETWEEN:
1. SMT. DODDATHAYAMMA, W/O NARASIMHA MURTHY, AGED ABOUT 35 YEARS, 2. KUMARI GEETHA, D/O NARASIMHA MURTHY, AGED ABOUT 20 YEARS, 3. SRI.NAVEEN, S/O NARASIMHA MURTHY, AGED ABOUT 19 YEARS, 4. MASTER. YOGESH U.N. @ YOGENDRA, S/O NARASIMHA MURTHY, AGED ABOUT 17 YEARS, (SINCE PETITIONER NO.4 IS MINOR HE IS REPRESENTED BY HIS MOTHER, SMT. DODDATHYAMMA, THE FIRST APPELLANT) 5. SRI.GANGA HANUMAIAH, S/O KADARAIAH, AGED ABOUT 75 YEARS, 6. SMT. GANGAMMA, W/O GANGA HANUMAIAH, AGED ABOUT 58 YEARS, APPELLANT NO.1 TO 6 ARE R/AT UDIGERE VILLAGE, TUMKUR – 572 140.
7. SRI.KUMBI NARASAIAH, S/O GANGA HANUMAIAH, AGED ABOUT 39 YEARS, R/AT NO.329, T.DASARAHALLI, K.K.ROAD, BENGALURU – 560 057. ... APPELLANTS (BY SRI.SHIVAKUMAR P., ADVOCATE) AND:
1. UNITED INDIA INSURANCE CO. LTD., KRISHI BHAVAN, NRUPATHUNGA ROAD, NEXT TO MAGISTRATE COURT, BENGALURU – 560 001.
REPRESENTED BY ITS MANAGER.
2. MR.MOHAN KUMAR, S/O NAGALINGAM, R/AT NO.4/92, NORTH STREET, MEENSURITI, KUDAVELI POST, UDAIYAPALYAM, ARIYALUR DISTRICT, TAMIL NADU – 621 804. ... RESPONDENTS (BY SRI. A.M.VENKATESH, ADVOCATE FOR R1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:21.02.2015 PASSED IN MVC NO.1569/2014 ON THE FILE OF THE II ADDITIONAL SMALL CAUSES JUDGE & XXVII ACMM, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel appearing for the Appellants - claimants and the learned Counsel appearing for the first Respondent – United India Insurance Company Limited along with its representative are present.
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellants (being authorized by the appellants to sign) and the learned advocate appearing for the first respondent- insurance company and its authorized officer is filed. The appellants-claimants have agreed to receive and the first respondent-insurance company has agreed to pay a lump-sum of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The first Respondent - Insurance Company has agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation of award, failing which, the said amount shall carry interest at the rate of 9% P.A. from the date of default, till the date of deposit.
4. The entire enhanced compensation amount shall be released in favour of the appellants-claimants as per the ratio adopted by the Claims Tribunal, on proper identification.
5. This Miscellaneous First Appeal stands disposed of in terms of the Joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly.
Sd/- JUDGE Sd/- MEMBER NR/-